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McSWEYN v. INTER-URBAN RAILWAY COMPANY

No. 51378.

130 N.W.2d 445 (1964)

Leora I. McSWEYN, Appellant, v. INTER-URBAN RAILWAY COMPANY, Des Moines and Central Iowa Railway Company, Eugene R. Severs, MacMillan Oil Company, Appellees.

Supreme Court of Iowa.

September 22, 1964.

Attorney(s) appearing for the Case

Hiram S. Hunn, Des Moines, for appellant.

Bannister, Carpenter, Ahlers & Cooney, Des Moines, for appellees Inter-Urban Ry. Co. and Des Moines and Central Iowa Ry. Co.

Keith E. McWilliams, Des Moines, for appellees Eugene R. Severs and MacMillan Oil Co.

GARFIELD, Chief Justice.

This is an action in equity for declaratory relief, injunction and money damages in which plaintiff Leora I. McSweyn claims defendants, Des Moines and Central Iowa Railway Co. and Eugene R. Severs, d/b/a MacMillan Oil Co., have no right to use a narrow strip of ground adjoining the railroad right of way for storage of oil tank cars from which deliveries are made to Severs' customers. Principal bases for the action are 1) a claimed restrictive...

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